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Westbrook Subdivision and No. 2_Acceptance of Stormwater Detention FacilitiesMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque band AI- America City 1 2007 • 2012 • 2013 SUBJECT: Acceptance of Stormwater Detention Facilities & Stormwater Detention Lots in Westbrook Subdivision and Westbrook Subdivision No. 2 DATE: October 1, 2013 City Engineer Gus Psihoyos recommends acceptance of the detention facilities and stormwater detention lots that the developer, Callahan Construction, Inc., has completed and is dedicating in Westbrook Subdivision and Westbrook Subdivision No. 2. Maintenance of the stormwater detention facilities will be the responsibility of City, with the costs for same being assessed to the property owners within Westbrook Subdivision and Westbrook Subdivision No. 2. It is further recommended to accept the Quit Claim Deed to and dedication of Lots B, C and D in Westbrook Subdivision and Lots 0 and P in Westbrook Subdivision No. 2. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer Masterpiece on the Mississippi Dubuque hfrd AN-America City 11111 2007 • 2012 •2013 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: September 26, 2013 SUBJECT: Acceptance of Stormwater Detention Facilities & Stormwater Detention Lots in Westbrook Subdivision and Westbrook Subdivision No. 2 INTRODUCTION The enclosed material provides for City Council acceptance of the detention facilities and stormwater detention lots that the developer, Callahan Construction, Inc., has completed and is dedicating in Westbrook Subdivision and Westbrook Subdivision No. 2 in the City of Dubuque, Iowa. BACKGROUND As a condition of subdivision plat approval through Resolution Nos. 385 -03 and 123 -11, the developer of Westbrook Subdivision was required to install certain improvements including street paving with curb, sanitary sewer main, watermain, storm sewer and catch basins, boulevard street lighting, and storm water detention facilities, and to dedicate these improvements to the City upon completion. All public improvements, except the detention facilities, were accepted on June 6, 2011 by Resolution No. 175 -11 for Westbrook Subdivision and on February 18, 2013 by resolution number 45 -13 for Westbrook Subdivision No. 2. DISCUSSION The Subdivision Ordinance requires that upon completion of the required public improvements, the developer shall notify the City in writing of the completion of the improvements, requesting that the City either approve or reject the acceptance of the improvements, together with a statement of reasons for any rejection. On September 11, 2013, Callahan Construction, Inc. requested the City's acceptance of the detention facilities and the dedication of the detention lots in Westbrook Subdivision and Westbrook Subdivision No. 2. The lots and associated detention facilities for which acceptance are requested are Lots B, C, and D in Westbrook Subdivision and Lots 0 and P in Westbrook Subdivision No. 2. Upon inspection by the City, it has been determined that all the detention facilities required by Resolution Nos. 385 -03 and 123 -11 have been completed in accordance with plans approved by the City Council and in conformance with City specifications. Maintenance of the detention facility would become the responsibility of the City with the costs for same being assessed to the property owners within Westbrook Subdivision and Westbrook Subdivision No. 2. RECOMMENDATION I would, therefore, recommend that the City Council accept the stormwater detention facilities in Westbrook Subdivision and Westbrook Subdivision No. 2 and also accept the Quit Claim Deed to and dedication of Lots B, C, & D in Westbrook Subdivision and Lots 0 & P in Westbrook Subdivision No. 2 to the City. Maintenance of the facilities will be the responsibility of the City which will assess said costs to the property owners in Westbrook Subdivision and Westbrook Subdivision No. 2. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution accepting the stormwater detention facilities and accepting the Quit Claim Deed to and dedication of said lots in Westbrook Subdivision and Westbrook Subdivision No. 2. Prepared by Nate Kieffer, PLS 2 THE CITY OF DUB Masterpiece on the Mississippi Westbrook Subdivision No. 2 Accept Park Lot Q & Open Space R DAGIS DUBUQUE AREA C.aGRAPHIC INFCaMATION DISCLAIMER: This Information was compiled sing the Dubuque Area Geographic Information System (DAGIS), which Includes data created by both the City of Dubuque and Dubuque County . It Is understood that, while the City of Dubuque and participating agencies utilized the most current and accurate Information available, DAGIS and It's suppliers do not warrant the accuracy or currency of the Information or data contained herein. The City and participating agencies shall not be held cable for any direct, Indirect, Incidental, unnsmquential, puniti e, or special damages, whether foreseeable or foreseeable, arising out of the authorized or unauthorized use of this data or the Inability to use this data or out of any breach of warranty whatsoever. 1 inch = 350 feet 10050 0 100 200 300 400 Feet W E Map Prepared by: City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589 -4270 Fax: (563) 589 -4205 David L. Clemens Jeffrey L. Walters Jennifer A. Clemens- Conlon Sarah E, Stork Meyer Nathan D. Runde Jeffrey E. Hiatt Attorneys at Law 2080 Southpark Court Dubuque, IA 52003 Tel: (563) 582 -2926 Fax: (563) 582 -2998 October 11, 2013 Nate Kieffer [mail to Nkieffer @cityofdubuque.org] Re: Callahan Construction real estate transfer to the City of Dubuque Dear Nate: Please add a parenthetical to the front of the signed Deed which provides as follows: "(Exempt from real estate transfer tax pursuant to Iowa Code Section 428A.2(21))" Nate, this is an exemption for a transfer where the consideration is Five Hundred Dollars or less. If you are not comfortable typing that language on to the face- of- s e Deed, then please return the original Deed to our office and we will make the change and return it to you. JACC:ral S:\wp\Rachel\JACCICallahan Construction \Kieffer Email 2,wpd Sincerely, Jennifer en}crns- Conlon ii►►i►►iiii►i► iii►► iii►► riff►►► ii► ii► ii► ii►► i► ii► ii►►i►ii►►iii►►iii►►i►iii►ii►►i Doc ID: 007820840001 Type: GEN Kind: PARTIAL RELEASE OF MORTGAGE Recorded: 10/18/2013 at 03:25:28 PM Fee Amt: $7.00 Page 1 of 1 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fi1e2013- 00016681 Prepared by and Return to: American Trust & Savings Emily Middendorf 895 Main St, Dubuque, IA 52001 (563) 582 -1841. PARTIAL RELEASE OF OPEN -END REAL ESTATE MORTGAGE Lender: American Trust & Savings Bank Mortgagor: Callahan Construction, Inc. American Trust & Savings Bank hereby certifies that a certainOpen -End Real Estate Mortgage dated the 8`h' day of April, 2011, executed by Callahan Construction, Inc, an Iowa Corporation, recorded on April 11, 2011 as Instrument No. 2011- 00005297, in the Records ofDubuque County, State ofIowa is hereby released as to ONLY: Lots N, 0, & P of Westbrook Subdivision No. 2 in the City of Dubuque, Iowa, according to the recorded plat thereof AND Lots B, C, & D of Westbrook Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof. The said Open -End Real Estate Mortgage is to remain in full force and effect and nothing contained shall in any way affect, alter, or diminish the lien or encumbrance of the afresaid Open -End Real Estate Mortgage on the remaining portion of said mortgage premised. Dated this 20`x' day of September, 2013. "NO SEAL" STATE OF IOWA, DUBUQUE COUNTY American must & Savings Bank By . Darin P. Fischer, 2nd Senior Vice resident By: - Victoria J. Richter,,. Senior Vice President On this 20th day of September, 2013, before me, a Notary Public of Iowa in and forDubuque County, appeared Darin P. Fischer and Victoria J. Richter, personally known who, being by me duly sworn, did say that they are the 2nd Senior Vice President and Senior Vice Presidentrespectively, ofAmerican Trust & Savings Bank, and that no seal has been procured by said bank, and that the &regoing instrument was signed on behalf of said Bank by authority of its board of directors, and saicDarin P. Fischer and Victoria J. Richter acknowledged said instrument to be the voluntary act and deed of said Bank. Notary Pu in and for said State EMILY MIDDENDORF Commission Number 770269 My Comm. Exp. °f Doc ID: 007820850005 Type: GEN Kind: DEED WITH RESOLUTION Recorded: 10/18/2013 at 03:26 :33 PM Fee Amt: $37.00 Page 1 of 5 Revenue Tax: $0.00 Kathy uFlynn nThurlow Recorder Fi1e2013_00016682 s'1'AT QUIT CLAIM DEED ■, THE IOWA STATE BAR ASSOCIATION Official Farm 4166 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Jennifer A. Clemens - Conlon, 2080 Southpark Court, Dubuque, IA 52003, Phone: (563) 582-2926 Taxpayer Information: (Name and complete address) City of Dubuque c/o Ken Tekippe, City Hall, 50 West 13th Street, Dubuque, Iowa 52001 Return Document To: (Name and complete address) City of Dubuque c/o Ken Tekippe, City Hall, 50 West 13tH Street, .Dubuque, Iowa 52001 Grantors: Grantees: CALLAHAN CONSTRUCTION, ]NC, CITY OF DUBUQUE Legal description:See Page 2 Document or instrument number of previously recorded documents: 0 The fovea State Bar Assocl8hm 20CI IOWADOCS® RAI /2013 /RE /Callahan Construction, Inc -City of Dubuque -Lots H. C, 0, 0, and P of Westbrook Subdivision -QCD THE IOWA STATE BAR ASSOCIATION Official Form No. 10b Jennifer Clemens - Conlon FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER e ,4'ociXS't0 For the consideration CALLAHAN CONSTRUCTION, QUIT CLAIM DEED of Ten and No /[00 ($10.00) Dollar(s) and other valuable consideration, ■ INC., an Iowa Corporation do hereby Quit Claim to CITY OF DUBUQUE. IOWA all our right, title, interest, estate, County, Iowa; claim and demand in the following Lots B, C, and D of Westbrook Plat thereof, subject to and Lots 0 and P of Westbrook Plat thereof, subject to and Exempt from real estate Each of the undersigned to the real estate. Words and singular or plural number, and CALLAHAN CONSTRUCTION, a(n) Tow o rppration _ described real estate in Dubuque Subdivision, in the City of Dubuque, Iowa, according to the recorded together with easements and restrictions of record; and Subdivision No. 2, in the City of Dubuque, Iowa, according to the recorded together with easements and restrictions of record. transfer tax pursuant to Iowa Code Section 428A.2(21) hereby relinquishes all rights of dower, homestead and distributive share in and phrases herein, including acknowledgment hereof, shall be construed as in the as masculine or feminine gender, according to the context. I C. ©ated. 1�. � ;Y / /61"l Icy; oel M. Callahan, President (.Grantor) (Grantor) (Grantor) (Grantor) (Grantor) STATE OF Iowa COUNTY OF Dubuque (Grantor) , 2013 b This record was acknowledged Joel M. Callahan President before me this day of / 'l of`Callahan Construction. Inc. ...__ 0 t;afrnrr110190 ,o iy Coomrn <y NJiiii3J ()4j g66 Signature of Not7r7 bno-- gltp. D The Iowa Slate Bar Assaclatmo 2019 Cott Claim Dead IOWALXXE D RSNsed Auqusl2013 RAI /2013 /RE /Callahan Construction, Inc -City of Dubuque -Lots H. C, 0, 0, and P of Westbrook Subdivision -QCD Prepared by: Return to: R. Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 R. Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 296 -13 ACCEPTING STORMWATER DETENTION FACILITIES AND A DEED TO LOTS B, C, & D IN WESTBROOK SUBDIVISION AND LOTS 0 & P IN WESTBROOK SUBDIVISION NO. 2, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution Numbers 385 -03 and 123 -11, certain public improvements including stormwater detention facilities on Lots B, C, and D of Westbrook Subdivision and Lots 0 and P of Westbrook Subdivision No. 2 were installed by the developer of Westbrook Subdivision and Westbrook Subdivision No. 2 in the City of Dubuque, Iowa; and Whereas, the said stormwater detention facilities have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council; and Whereas, Lots B, C, & D of the Final Plat of Westbrook Subdivision were platted for the purpose of constructing and maintaining storm water detention facilities; and Whereas, Lots 0 & P of the Final Plat of Westbrook Subdivision No. 2 were dedicated to the public for the construction of storm water detention facilities. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa hereby approves the acceptance of the attached Quit Claim Deed to the following legally described property: Lots B, C, and D of Westbrook Subdivision, in the City of Dubuque, Iowa, according to the recorded plat thereof, subject to and together with easements and restrictions of record; and Lots 0 and P of Westbrook Subdivision No. 2, the City of Dubuque, Iowa, according to the recorded plat thereof, subject to and together with easements and restrictions of record. Section 2. That the City of Dubuque be and is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder. Section 3. That the recommendation of the City Manager be approved and that said stormwater detention facilities in Westbrook Subdivision and Westbrook Subdivision No. 2 in the City of Dubuque, Iowa, be and the same is hereby accepted. Section 4. That maintenance of said improvements shall be the responsibility of the City and assessable to the property owners as outlined in Resolution Numbers 385 -03 and 123 -11. Section 5. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, adopted and approved this 7th day of October, 2113 Attest: Kevin S. Firnstahl, C C, City Clerk y D. Buol', Mayor STATE OF IOWA CERTIFICATE of the CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 296 -13 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 8th day of October, 2013. Kevin Firnstahl, CMC, City Clerk